O.C.G.A.

O.C.G.A. § 50-18-98 (2019)

Title to records; access to records of constitutional officers

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Title to any record transferred to the Georgia State Archives as authorized by this article shall be vested in the division. The division shall not destroy any record transferred to it by an agency without consulting with the proper official of the transferring agency prior to submitting a retention schedule requesting such destruction to the State Records Committee. Access to records of constitutional officers shall be at the discretion of the constitutional officer who created, received, or maintained the records, but no limitation on access to such records shall extend more than 25 years after creation of the records. As used in this Code section, the term ‘‘constitutional officer’’ means the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor.

(b) Title to any record transferred to the records center shall remain in the agency transferring such record to the records center.

History

Ga. L. 1972, p. 1267, § 10; Ga. L. 1973, p. 691, § 3; Ga. L. 1975, p.

675, § 8; Ga. L. 2002, p. 532, § 29; Ga. L. 2012, p. 173, § 1-39/HB 665.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Applicability of O.C.G.A. § 50-18-98 to courts requires adoption of retention schedule by State Records Committee and

concurrence in that retention schedule by the Administrative Office of the Courts. 1982 Op. Att’y Gen. No. 82-29.

RESEARCH REFERENCES Am. Jur. 2d. - 66 Am. Jur. 2d, Records and Recording Laws, § 5. C.J.S. - 76 C.J.S., Records, § 41.